Headlines 07/10/2016 15:15 CH

Prominent regulations in effect in late October 2016

Linh Lê

The following new and prominent regulations shall come into force from the 11th to 20th of October 2016:

1. Time limit on access to the customs information portal

Decision No. 33/2016/QD-TTg in effect as of October 15, 2016, defines the provision and use of information from electronic customs declarations.

The lifetime of an account that provides access to the customs information portal shall be:

- 24 months (or a length of time as requested by the user but less than 24 months) for a new or extended account;

- Such time limit shall apply upon the General Customs Department's response in writing to the user's contact person regarding the registration or extension of access time.

- General Customs Department is responsible for informing each account holder of the expiration of access time 30 days before the expiry date by email or text messaging with electronic addresses and telephone numbers that General Customs Department officially announces.

2. Salary adjustment coefficient for managerial positions in state-run enterprises  

As of October 15, 2016, the Circular No. 28/2016/TT-BLDTBXH shall provide guidelines for the implementation of remuneration policies of enterprises in which governmental entities hold majority share.

The increase coefficient applied to the statutory pay rate shall accord with the profitability of main business lines of the enterprise as follows:

- Maximum coefficient of 0.5 in an enterprise that earns profit(s) of 50 to less than 100 billion Vietnam dongs;

- Maximum coefficient of 1.0 in:

+ Enterprises in a sector of banking, finance or telecommunications with profit(s) of 100 to less than 500 billion Vietnam dongs;

+ Enterprises in a sector of oil and gas extraction and processing, mining, electricity, trading or services with profit(s) of 100 to less than 300 billion Vietnam dongs;

+ Enterprises in other sectors with profit(s) of 100 to less than 200 billion Vietnam dongs.

- Maximum coefficient of 1.5 in:

+ Enterprises in the sector of banking, finance or telecommunications with profit(s) of 500 to less than 1000 billion Vietnam dongs;

+ Enterprises in a sector of oil and gas extraction and processing, mining, electricity, trading or services with profit(s) of 300 to less than 700 billion Vietnam dongs;

+ Enterprises in other sectors with profit(s) of 200 to less than 500 billion Vietnam dongs.

3. Program for development of legislative documents for the sector of transportation  

As of October 15, 2016, the Circular No. 21/2016/TT-BGTVT shall regulate the development and promulgation of legislative documents for the sector of transportation.

The schedule of the program for development of legislative documents is defined as follows:

- By the 10th of June every year, departments, bureaus, enterprises and other organizations under the Ministry lodge their applications for development of the following year's legislative documents with the Department of Legal affairs for summarization.

- By the 01st of December every year, the Department of Science and Technology sends the list of circulars on national technical regulations to the Department of Legal affairs for summarizing and presenting information to the Minister for approval of the program for development of legislative documents.

Departments and bureaus, when desiring to supplement legislative documents in the said list, shall present their plans to the Department of Legal affairs which shall verify and summarize such plans and advise the Minister to approve additional plans.

4. Organizational and operational principles of a Ministry

Decree No. 123/2016/ND-CP in effect as of October 15, 2016, defines the functions, missions, authority and organizational structure of a ministry and a ministerial-level agency.

The organizational and operational principles of a ministry are specified as follows:

- The organization of a ministry shall be streamlined so as to manage multiple industries and sectors in an effective manner. New organizations shall only be established upon the satisfaction of regulated requirements.

- A ministry’s activities shall be open to the public in a transparent manner. Missions, authority and responsibilities of a ministry and a minister shall be clearly distinguished. 

- A minister’s accountability in every activity of the ministry shall be highly regarded. Missions and authority of organizations and agencies under the ministry shall be clearly defined to avoid duplication or omission.

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